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Demont v. Defrantz
Defendant may have known that defamatory statements would injure plaintiff in his state of residence.
Civil Procedure Sep. 20, 1999
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court.
Civil Procedure Sep. 13, 1999
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement.
Civil Procedure Sep. 13, 1999
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of forfeiture action are prevailing parties and entitled to attorney fees.
Civil Procedure Sep. 8, 1999
Project Sentinel v. Evergreen Ridge Apartments
Organization's abstract social interests, and it expending funds on litigation to further its interests, doesn't create standing.
Civil Procedure Sep. 8, 1999
McKelvey v. Boeing North American Inc.
Claims are time-barred when plaintiffs admit publicity surrounding defendants' conduct and don't allege facts showing why they didn't make earlier discovery.
Civil Procedure Sep. 7, 1999
Grell v. Laci Le Beau Corp.
Suspension of corporate status doesn't toll statute of limitations against now-revived corporation.
Civil Procedure Sep. 7, 1999
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties.
Civil Procedure Sep. 7, 1999
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted.
Civil Procedure Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself.
Civil Procedure Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Weissman v. Quail Lodge Inc.
Attorney isn't subject to sanctions as vexatious litigant for conduct done in the course of representing a client.
Civil Procedure Sep. 3, 1999
Datig v. Dove Books Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice.
Civil Procedure Sep. 2, 1999
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards.
Civil Procedure Sep. 2, 1999
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death.
Civil Procedure Sep. 2, 1999
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue.
Civil Procedure Sep. 2, 1999
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented.
Civil Procedure Sep. 2, 1999
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment.
Civil Procedure Sep. 2, 1999
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated.
Civil Procedure Sep. 2, 1999
County of Orange v. Superior Court (Barrie)
After plaintiff was arrested in one county and transported to another, venue for suit against second county is improper in first county.
Civil Procedure Sep. 2, 1999
Marriage of Reese
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section.
Civil Procedure Sep. 2, 1999
McCutchen v. City of Montclair
Collateral estoppel doesn't bar relitigation of probable cause for arrest if preliminary hearing included evidence unavailable at time of arrest
Civil Procedure Sep. 1, 1999
Wayne Cook Enterprises Inc. v. Fain Properties Limited Partnership
Dismissal of action for untimely disclosure is warranted only where party, as opposed to party's attorney, bears some blame.
Civil Procedure Aug. 11, 1999
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money.
Civil Procedure Aug. 6, 1999
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice.
Civil Procedure Aug. 5, 1999
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer.
Civil Procedure Aug. 5, 1999
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement.
Civil Procedure Aug. 5, 1999
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs.
Civil Procedure Aug. 5, 1999
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal.
Civil Procedure Aug. 5, 1999